Braj Kishore Singh and ors. Vs. Bihar Intermediate Education Council and ors.

Braj Kishore Singh and ors. vs Bihar Intermediate Education Council and ors.

Type Court Judgment Court Patna Decided Apr 19, 2002

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Citation: sooperkanoon.com/136080
Court: Patna High Court
Judge: R.N. Prasad, J.
Decided On: Apr 19, 2002
Case Number: C.W.J.C. Nos. 3275, 3293 and 3486 of 2002
Subject: ;Constitution

Case Summary

AI-generated summary - not the official court judgment text.

Education - Examination--Issuance of admit card to student--Bihar Intermediate Education Council refused to issue admit card to appear in the ensuing examination because enlisted fee was not deposited in time--Council ready to allow such students to appear in the ensuing examination as private students--Direction is...

Key legal issue: ;Constitution

Parties & Advocates

Appellant / Petitioner

Braj Kishore Singh and ors.

Respondent

Bihar Intermediate Education Council and ors.

Excerpt

education - examination--issuance of admit card to student--bihar intermediate education council refused to issue admit card to appear in the ensuing examination because enlisted fee was not deposited in time--council ready to allow such students to appear in the ensuing examination as private students--direction issued to the council to allow students to appear in the ensuing examination whose enlisted fee and forms were accepted by council. - .....the respondents to issue admit cards and allow the students of petitioners college to appear in the ensuing examination conducted by the bihar intermediate education council, hereinafter referred to as the council for brevity.3. the relevant facts of the case are that petitioners are principals/professor incharge. according to the petitioners, they deposited enlistment fee and also examination fee and form but the respondent-council is not issuing admit cards to their students to appear in the ensuing examination. since the council was not issuing admit and they have moved this court for issue of direction as indicated above.4. a counter-affidavit has been filed on behalf of the council in all the three writ petitions. the stand in the counter-affidavit is that enlistment fee was not deposited in time. in fact last date for submission of enlistment fee was 26.9.2001. the enlistment fee and forms were deposited after the last date and as such the council did not issue admit cards to such students. last date of submission of examination fee and form was 8.11.2001 but examination fee and forms were deposited much after the last date. therefore, it was not possible for the council to allow them to appear in the ensuing examination and as such no admit card was issued. in c.w.j.c. no. 3275/ 2002 stand has also been taken that science faculty is not affiliated. however, during the course of argument earned counsel for the council submitted that now the examination is over but council is ready to allow them to appear in the ensuing examination as private students provided they deposit admissible fee, etc.5. therefore, all the three writ petitions are disposed of directing the council to allow the students to appear in the ensuring examination whose enlistment fee and forms were accepted by the council. it is also made clear that if any admissible charge has not been paid by the students, they shall pay, then only they shall acquire right to appear in the ensuing.....

Full Judgment

R.N. Prasad, J.

1. In all the three writ petitions, similar question of law and facts are involved. They have been heard together and are being disposed of by this common order.

2. All the three writ petitions have been filed for issue of a writ in the nature of mandamus commanding the respondents to issue admit cards and allow the students of petitioners college to appear in the ensuing examination conducted by the Bihar Intermediate Education Council, hereinafter referred to as the Council for brevity.

3. The relevant facts of the case are that petitioners are Principals/Professor incharge. According to the petitioners, they deposited enlistment fee and also examination fee and form but the respondent-council is not issuing admit cards to their students to appear in the ensuing examination. Since the council was not issuing admit and they have moved this Court for issue of direction as indicated above.

4. A counter-affidavit has been filed on behalf of the Council in all the three writ petitions. The stand in the counter-affidavit is that enlistment fee was not deposited in time. In fact last date for submission of enlistment fee was 26.9.2001. The enlistment fee and forms were deposited after the last date and as such the Council did not issue admit cards to such students. Last date of submission of examination fee and form was 8.11.2001 but examination fee and forms were deposited much after the last date. Therefore, it was not possible for the Council to allow them to appear in the ensuing examination and as such no admit card was issued. In C.W.J.C. No. 3275/ 2002 stand has also been taken that Science faculty is not affiliated. However, during the course of argument earned Counsel for the Council submitted that now the examination is over but Council is ready to allow them to appear in the ensuing examination as private students provided they deposit admissible fee, etc.

5. Therefore, all the three writ petitions are disposed of directing the Council to allow the students to appear in the ensuring examination whose enlistment fee and forms were accepted by the Council. It is also made clear that if any admissible charge has not been paid by the students, they shall pay, then only they shall acquire right to appear in the ensuing examination.

Same Court & Year Patna · 2002 Same Parties Braj Kishore Singh and ors. vs Bihar Intermediate Education C... Same Subject ;Constitution Same Judge R.N. Prasad, J.

;Constitution